Major Class Action Targets Johnson & Johnson Over “Ineffective” Cold Medications

Rebecca Jancauskas

Could it be New Zealand’s Largest Class Action?


A potential landmark consumer rights case alleges Johnson & Johnson sold New Zealanders decongestants containing a “useless” ingredient for nearly 20 years in a claim that suggest it could be the largest class action lawsuit in New Zealand.

Boutique law firm SGA Saddler (with offices in New Zealand and Brisbane) claims products like Codral Cold & Flu and Sudafed PE relied on phenylephrine (PE) – an oral decongestant studies show may be no more effective than a placebo.

SGA Saddler director Rebecca Jancauskas (pictured) accuses the pharmaceutical giant of prioritizing profits over people:
“Customers deserve medicines that work as advertised. When companies sell products that fail this basic test, they must be held accountable… Johnson & Johnson used outdated, flawed studies to push products that don’t do what the packaging promises.”

Key allegations

  • Switching to PE after pseudoephedrine (an effective decongestant) was restricted in 2011 due to meth production risks
  • Continuing sales despite decades of research questioning PE’s efficacy
  • Marketing 17 specific products (listed below) between 2005-2025

Consumer NZ CEO Jon Duffy reinforced concerns:
“Large corporations have no excuse for misleading claims, especially in healthcare. Consumers can’t test medical products themselves – they must be able to trust labels.” The organization now recommends discontinuing use of affected products until proven effective.

Affected Products
Sudafed PE Range:

  • Nasal Decongestant Tablets
  • Sinus + Pain Relief (Day & Night/Tablet)
  • Sinus + Allergy & Pain Relief
  • Sinus + Anti-inflammatory Pain Relief

Codral Range:

  • Cold & Flu + Mucus Cough Capsules
  • Decongestant Tablets
  • Day & Night Tablets
  • Night Tablets
  • Mucus Cough + Cold Liquid
  • Cold & Flu Powder/Sore Throat Tablets

Benadryl Products:

  • PE Chesty Cough & Nasal Congestion Syrup
  • Day & Night Cold & Flu + Cough Tablets
  • Mucus Relief Plus Decongestant Liquid

What’s Next?


Funded by Omni Bridgeway, this no-win, no-fee class action could become NZ’s largest consumer lawsuit. Affected consumers are urged to register claims through SGA Saddler.

Omni Bridgeway Limited (OBL) is a public company listed on the Australian Securities Exchange (ASX:OBL). It specializes in providing funding for significant and large-scale litigation through its funding entities4. The company has offices in multiple locations worldwide, including New Zealand

“This isn’t just about refunds – it’s about corporate accountability,” Jancauskas said.


Proven Ways to Reduce Legal Expenses for Your Business

Expenses

Source: Prosper Law, Au

Every business needs legal help, but not every business needs a massive legal bill. Lawsuits, contract disputes, and compliance failures cost money (thousands, sometimes even millions). Moreover, many companies overspend on lawyers, react too late to legal issues, or miss opportunities to lower costs.

This raises an important question- “Can you protect your business from legal trouble without draining your budget?” The answer is yes. By taking a proactive approach, businesses can reduce legal expenses while staying compliant and secure. Let’s explore the best strategies to lower legal costs without increasing risk.

Prevent Legal Issues Before They Happen

Many legal problems arise because businesses wait too long to address them. The best way to cut legal expenses is to prevent costly mistakes before they occur.

For example, start by understanding contracts before signing them. Many lawsuits and disputes happen due to vague or unfair contract terms. Always review agreements carefully and make sure both parties fully understand their obligations. Using clear and precise language in contracts reduces misunderstandings that lead to legal battles.

Another smart move is staying compliant with regulations. Employment laws, tax codes, and industry-specific rules change often. Non-compliance leads to fines, penalties, or lawsuits. Assign a team member to stay updated on legal requirements or use compliance software to track changes automatically.

Use In-House Legal Counsel Services

Hiring outside lawyers for every legal issue gets expensive fast. A better option is using in-house legal counsel services to handle everyday legal needs. Businesses don’t need a full-time legal team to benefit from this approach. Instead, they can opt for subscription-based legal services that offer flexible and affordable support.

These monthly legal services provide businesses with ongoing legal guidance for a flat fee. Unlike traditional hourly billing, a subscription model gives cost certainty, helping companies avoid unexpected legal expenses. With real-time communication options, businesses get quick legal solutions without waiting for costly consultations.

The in-house legal counsel services also use technology to lower overhead costs. This allows companies to access tailored legal support whenever needed. Having consistent legal guidance helps businesses identify and fix legal risks before they become costly problems.

Settle Disputes Through Mediation, Not Litigation

There’s no denying that lawsuits are expensive and time-consuming. Court cases can drag on for months or even years, with legal fees piling up. Instead of heading straight to court, businesses should consider mediation or arbitration to resolve disputes.

Mediation involves a neutral third party helping both sides reach a mutual agreement. It’s faster, cheaper, and less stressful than a lawsuit. Arbitration is another alternative, where a private judge makes a binding decision without a lengthy court process.

Many contracts now include mandatory mediation or arbitration clauses, ensuring that disputes are handled efficiently without escalating into expensive legal fights. However, it is not just about the low cost; these methods ensure you still reach fair resolutions.

Train Employees on Legal Best Practices

Many legal issues happen because employees don’t understand the rules. Proper training helps prevent costly mistakes. Businesses should educate their teams on company policies, workplace laws, and compliance requirements.

Employees should know how to handle contracts, protect confidential data, and follow labor laws. Training managers on fair hiring, workplace conduct, and termination policies reduce the risk of lawsuits. A well-informed team makes fewer legal errors.

Regular legal workshops and online courses keep employees updated on changing laws. Businesses can also provide clear guidelines and handbooks for reference. When employees understand legal best practices, companies avoid fines, lawsuits, and compliance issues. 

In short, investing in training now saves businesses from expensive legal problems in the future.

Review Insurance Coverage Regularly

Last but not least, many companies buy insurance once and forget to update it. But as a business grows, its risks change. Regularly reviewing liability, property, and workers’ compensation insurance ensures the company stays protected. A lawsuit or accident could lead to unexpected expenses if coverage is outdated or too low.

In addition to this, businesses should check for gaps in coverage. Some policies don’t cover cyberattacks, employee lawsuits, or product liability, which can be major risks. Consulting an insurance expert helps businesses adjust policies based on new risks. Keeping coverage updated ensures financial protection and prevents legal troubles from turning into massive financial losses.

To Sum It All Up

Reducing legal expenses is about prevention, smart planning, and using cost-effective resources. Businesses that invest in employee training, update contracts, and leverage subscription-based legal services save thousands in legal fees. Regularly reviewing insurance coverage and compliance policies prevents costly lawsuits. 

Most importantly, businesses should address legal risks early. Taking proactive steps today ensures long-term legal protection without unnecessary expenses, allowing companies to focus on growth and success.

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